I Am not
Sure Whether I Should File an Outstanding Researcher Petition or a Labor
Certification

Dr. William:

I have a PH.D. degree, and have been working at an
University as a Research Associate for more than 2 years. I want to persuade
the school human resource office to file an EB-1 Outstanding Researcher petition
concurrently with an I-485 application. This is my 4th year in H-1B. I am not sure whether
I should file the Outstanding Researcher petition, or just simply a Labor
Certification Application.

Answer:

With a PH.D. degree and working at an University as a Research Associate
for more than 2 years, it looks like that you meet the requirements for EB-1
Outstanding Researcher petition. For this immigration category, you need to
have more than three years of research experience, which may include your
previous research experience before your current research position.

Also,
for the EB-1 Outstanding Researcher petition, your employer needs to show
that your current employment position is not a "temporary" employment job offer,
but it should be a permanent employment position.